Voting by Prisoners

Debate between Brian Binley and Chris Bryant

Thursday 10th February 2011 Commons Chamber

[Mr Brian Binley (Northampton South) (Con)]

I agree with the hon. Member for Glasgow South (Mr Harris), who is no longer in his place—[Interruption.] Ah, there he is. I agree with many of the words he spoke. I also agree with the hon. Member for Glasgow South West (Mr Davidson)who said that we had heard a lot from lawyers. They indeed play an important role—dare I say it, some might say too important a role—in this House. Many of my friends are lawyers, so I would not go there. It is ironic, however, that the problem we are debating today can be placed at the very door of lawyers. I feel that sometimes they ought to take responsibility for such problems; they are the people who we need to solve them, yet it is they who have left us with a massive issue about sovereignty. We need to reflect on it and ensure that this House—and, frankly, not the lawyers—take the decisions. I also find it ironic that constitutionalists are split on this issue. I shall mention just two—because they suit my case. The first authority I shall quote is not considered to be a raging Tory. Indeed—

[Chris Bryant]

Lord Hoffmann.

[Mr Binley]

Yes, it is Lord Hoffmann, who said that it was

“not proper for a European supranational court to intervene in matters on which member states… have not surrendered their sovereign powers.”

I could go on and mention Dr Michael Pinto-Duschinsky, who said:

“International institutions which are set up by everyone become in practice answerable to no one”.

We should take note of what those wise men said. Indeed, we should take note of the many who argue that article 3 of protocol 1 does not constitute a universal right. Therein lies another legal argument for our lawyers to get stuck into.

I want to use my time to speak not about the voice of the law, but about the voice of the people I represent. That is what I think this House should primarily be about. Our constituents deserve to have their views heard, and I have taken much trouble to try to ascertain them. They agree with the sentiments I expressed in the Council of Europe only two weeks ago when I said that many Britons hold the view that restricting the vote of those who freely choose to place themselves outside the rule of law for their own personal gratification, gain or ambition is not a denial of human rights, but a choice those people make. That is simple stuff, not wrapped up in legal language, but we need to take note of it. My constituents also tell me that they are sick to death of the opportunist claims made for compensation, but they are especially sickened by the claim made by the racist John Hirst, who murdered his landlady with an axe. He does not deserve compensation, they tell me, and they do not believe that he cares about the vote either. What he does care about is the money he might get, which is another truth that we need to face up to.

The judgment of people in my constituency is thus quite clear. They say that they do not want prisoners to have the vote. They want to ensure that there is a price for prisoners to pay—a price to pay for those who place themselves of their own free will and volition outside the law. That, with respect, is my answer to my hon. Friend the Member for Worthing West (Sir Peter Bottomley). That matter needs to be taken into account too.

In the time left to me, I want to urge the Minister and the Prime Minister to recognise the dangers of such a judgment, not only for the European Court of Human Rights but for the whole concept of the European Union. European institutions continue to enlarge their own areas of decision making at the expense of sovereign Parliaments. If that continues, the institutions themselves will be at risk. The Government need to recognise that fact; more importantly, so do the European institutions. As we saw in eastern Europe and as we are seeing in north African states such as Egypt and in states all over the world, the people will be listened to in the end. That needs to be taken into account both by this Government and by the wider European institutions; they would do well to take heed of that.